Final_PDF_OAT Special Advisor RFR_5.20.25.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

DEPARTMENT OF STATE POLICE

470 WORCESTER ROAD

FRAMINGHAM, MA 01702

Request for Response (RFR)

Document Title: OAT Special Advisor

COMMBUYS Bid: BD-25-1084-POLCL-FIMAY-116872

Agency Document Number SP26-MSPCL-OAT-2

Issue Date: May 20, 2025

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk County holidays.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

REQUEST FOR RESPONSE

OAT Special Advisor

SP26-MSPCL-OAT-2

Table of Contents Page i

1 RFR INTRODUCTION OF PROCURMENT SCOPE AND

DESCRIPTION…………………………………………………………………………. 1

1.1 Small Business Purchasing Program……………………………………………… 1

1.2 Applicable Procurement Law ………………………………………………………. 1

1.3 Acquisition Method …………………………………………………………………… 2

1.4 Whether Single or Multiple Contractors are Required for this Contract ……. 2

1.5 Entities Eligible to Use the Resulting Contract …………………………………. 2

1.6 Expected Duration of Contract ……………………………………………………… 2

1.7 Anticipated Expenditures, Funding or Compensation …………………………. 2

1.8 Basis for estimated dollar value for this Contract ………………………………. 3

1.9 Basis for estimated number of units for this Contract …………………………. 3

2 ESTIMATED PROCUREMENT CALENDAR. ………………………………………. 3

2.1 Written questions via the Bid Q&A on COMMBUYS ……………………………. 3

2.2 Locating Bid Q&A ……………………………………………………………………... 4

2.3 Amendment Deadline ………………………………………………………………… 4

2.4 Proposal Format……………………………………………………………………… 4

3 SPECIFICATIONS ……………………………………………………………………… 5

3.1 Fiscal Terms/Pricing……………………………………………………………………6

4 OTHER TERMS ………………………………………………………………………… 7

4.1 Contractors Terms & Conditions …………………………………………………... 7

4.2 Reporting ………………………………………………………………………………. 7

4.3 Contract Management ………………………………………………………………... 7

4.4 Change Notification …………………………………………………………………. 8

4.5 Invoices and Payments ……………………………………………………………… 8

4.6 Contract Amendments ………………………………………………………………. 9

4.7 Contract Renewals …………………………………………………………………… 9

4.8 Performance Measures …………………………………………………………….. 9

4.9 Insurance………………………………………………………………………………… 10

4.10 Eliminating Single-Use Plastic Bottles…………………………………………… 10

4.11 Contract Termination for Convenience …………………………………………... 10

4.12 Contract Termination for Cause …………………………………………………… 11

5 EVALUATION CRITERIA ……………………………………………………………. 11

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES …………………………. 13

6.1 Required Forms ………………………………………………………………………. 14

7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS ……………………………. 15

8 APPENDIX 2 – RFR REQUIRED SPECS …………………………………………… 17

SP26-MSPCL-OAT-2

Table of Contents Page ii

9 APPENDIX 3 – INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS …………………………………………. 24

10 APPENDIX 4 - OTHER DEPT OF STATE POLICE SPECIFICATIONS……………26

11 APPENDIX 5 – GLOSSARY……………………………………………………………. 28

12 APPENDIX 6 – INSTRUCTIONS TO SUBMIT A PROPOSAL AND QUOTE IN

COMMBUYS……………………………………………………………………………… 30

SP26-MSPCL-OAT-2

1 RFR INTRODUCTION OF PROCUREMENT SCOPE AND DESCRIPTION

The Massachusetts State Police (“MSP” or “POL” or the “Department”) is seeking responses for a Contractor for the Crime Laboratory’s Office of Alcohol Testing (OAT) to serve as a Special Advisor in order to evaluate certain protocols and practices within OAT and produce written findings in the form of a report within 60 days.

Electronic Quote Submission Instructions

Bidders are advised that Massachusetts State police (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid. To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online subscription process.

1.1 Small Business Purchasing Program

(Defined as procurements with an annual value equal to or less than $250,000)

This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a Contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the Contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

1.2 Applicable Procurement Law

Check

Appropriate Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, § 52;

801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22;

and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815

CMR 2.00

http://www.mass.gov/sbpp

1.3 Acquisition Method:

Check All Applicable (“X”): Category Outright purchase/service. This is a rate Contract.

1.4 Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single Contractor Multiple Contractors

a. Estimated Number of Awards

The Department seeks a Single Contractor and will award one Contract.

b. Adding Contractors after initial Contract Award

This is a Standard Enrollment Contract. The Department does not anticipate adding additional Contractors after the initial award.

1.5 Entities Eligible to Use the Resulting Contract

Any Contract resulting from this Bid will be open for use by the Massachusetts Department of State Police (“issuing agency”), as well as by the Executive Office of Public Safety and Security (EOPSS).

1.6 Expected Duration of Contract (Initial Duration and any Options to Renew):

Contract Duration Number of Options Number of

Years/Months Initial Duration

Up to 6 months Renewal Options

Two (2)

2 options to renew, up to 6 months each option

Total Maximum Contract Duration

18 months

1.7 Anticipated Expenditures, Funding or Compensation:

Based on a prior contract, the Department expects an awarded Contract may be for approximately $200 per hour. This is an estimate only and is for informational purposes only. This is a small procurement.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

Contract prices will remain fixed during the initial Contract period. The Contractor will have an opportunity to request a price increase if an option to renew is offered. The Contractor will need to submit written justification and supporting documentation with price increase requests. The Department of State Police does not guarantee that increase requests will be granted.

1.8 Basis for estimated dollar value for this Contract (including all options to renew)

The “Estimated Value” for this Bid was based on information currently available. See Section 1.7.

1.9 Basis for estimated number of units for this Contract (including all options to renew)

The “Estimated Units” for this Bid was based on information currently available. See Section 3.

Specifications.

Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

RFR Release Date May 20, 2025

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

May 29, 2025, by 3:00 PM EST

Official Answers for Bid Q&A published (Estimated)

On or around June 5, 2025

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

June 18, 2025, by 3:00 PM EST.

Response Evaluations June 2025

Notification of Apparent Successful Bidder(s) (Estimated)

June 2025

Estimated Contract Start Date June/July 2025

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail.

Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions. Additionally, the Department reserves the right to, in its sole discretion, to not answer all questions submitted by Bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email, or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

The Department of State Police reserves the option to answer all written questions simultaneously by posting a “Bidder Question and Answer” word document as an RFR attachment posted on the solicitation page on www.commbuys.com.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective Contract manager, if awarded a Contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded Contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidder’s access to the Bid Q&A page.

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2.4 Proposal Format

Bidders must submit their complete proposal via the electronic posting tool in COMMBUYS.

Instructions on how to do this are available at www.commbuys.com.

COMMBUYS Support:

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays http://www.commbuys.com/ http://www.commbuys.com/ http://www.mass.gov/osd/commbuys mailto:COMMBUYS@state.ma.us

3 SPECIFICATIONS

The Massachusetts State Police is seeking responses for a Contractor for the Crime Laboratory’s Office of Alcohol Testing to serve as a Special Advisor in order to provide an updated evaluation of certain protocols and practices within OAT and produce written findings in the form of a report within 60 days, including an evaluation of the current role of the Ombudsman to determine if the position is still needed and, if it is, in what capacity (i.e., full-time, part-time, contractor, etc.)

The Office of Alcohol Testing oversees the Commonwealth’s breath testing program, including certifying the breath testing instruments used by law enforcement agencies throughout Massachusetts, as well as establishing the standards used by breath test instructors and operators.

The Special Advisor will familiarize him/herself with OAT’s past and current practices and policies related to discovery, communication, and training by reviewing any relevant OAT and Crime Laboratory documentation as well as speaking with personnel from OAT and leadership from the Crime Laboratory.

The Special Advisor will evaluate the effectiveness of these practices and policies and produce a set of written findings and suggested recommendations.

The Special Advisor will report directly to the Colonel or his designee.

Within 45 days from the date the contract is signed, the Special Advisor shall:

• Conduct a follow-up review of OAT, including, but not limited to the following areas:

o Discovery processes, including:

--the current effectiveness of the “Discovery Materials Policy for the Office of Alcohol Testing”;

--Information that is currently posted and what information potentially should be posted on the eDiscovery Portal, as well as any general enhancements to the eDiscovery Portal itself;

o Communication protocols between OAT and the District Attorneys’ Offices;

o Communication protocols between OAT and other stakeholders (e.g., defense attorneys, defense experts, law enforcement agencies, etc.);

o Training / instructional practices and informational seminars for:

-- OAT personnel, including the identification of potentially exculpatory information;

--Breath Test Operators, Breath Test Instructors, and Officers in Charge; and --Outside stakeholders to assist with their understanding of OAT processes and documents (directed toward assistant district attorneys and members of the defense bar).

o The role of the Ombudsman.

• Coordinate with MSP Legal Counsel’s Office as necessary, including provision of a summary of findings.

• Any recommendations shall not conflict with standards to which the Crime Laboratory is required to follow for accreditation by the ANSI National Accreditation Board (ANAB).

Contractor’s Qualifications:

The Contractor shall demonstrate the appropriate qualifications to provide the services requested in this

RFR.

Experience - Bidders must provide a brief description of all relevant experience. Bidders should provide evidence that they have the sufficient education, training, experience, and familiarity with the subject matter to provide the services requested in this RFR. Preference will be given to bidders who have been licensed attorneys for ten or more years and have a demonstrated familiarity with the Massachusetts criminal justice system, specifically with criminal cases involving charges of operating under the influence of alcohol.

Bidders who demonstrate the following qualifications will also be given preference:

• Familiarity with role assumed by the State Police Crime Laboratory, specifically the Office of Alcohol Testing, within the criminal justice system.

• Familiarity with the consolidated district court litigation involving the Draeger 9510 breath test instrument and the Office of Alcohol Testing known as Commonwealth v. Evando Ananias, Christian Figueroa and others (Docket Nos. 1248CR1075, 1201CR3898, and others) and Commonwealth v. Hallinan, 491 Mass. 730 (2023).

• Familiarity with litigation involving issues implicating the criminal procedure rules of discovery and related case law.

• Prior experience reviewing material involving forensic work and/or processes.

Current Curriculum Vitae or Resume (for individuals only), include a copy of current professional licenses and/or licenses. For a company or group, include company description and current professional licenses will be required for individuals working on this project and before individual service. Please indicate which member(s) of your organization would work on this project.

Writing Sample (for individuals only), include a copy of a professional writing sample not less than three pages.

References and Reference Information:

The Bidder shall provide references with their response. A minimum of three (3) professional references shall be provided utilizing the Business Reference Form Attachment. The SST reserves the option to contact references. All reference check reviews are done in a professional and timely manner to minimize the demands on Bidder reference contacts.

It is the Bidder’s responsibility to ensure that any reference provided in its response be aware that they may be contacted by the MSP regarding the services provided by the Bidder. The SST reserves the option to weight reference checks as a component to the evaluation process. If the SST is unable to contact references, after making reasonable efforts to do so, it will discontinue efforts. The SST is not responsible for “negotiating” a response from a reference provided by a Bidder.

3.1 Fiscal Terms/ Pricing

Compensation will be based solely on the pricing information provided by the bidder and accepted by the Department.

Fee for service. This is a rate contract.

Bidders must complete and submit an all-inclusive detailed Rate Sheet.

The Department requires that the awarded Contractor operate a Contract pursuant to a fiscal structure which shall achieve fiscal transparency, with full reporting and accountability to the

MSP.

The achievement of fiscal transparency requires that responding bidders to this RFR fully explain the pricing structure for the required products and services, and whether charges are issued according to a unit rate (e.g., per item, per hour, day, week, per deliverable, or per service), or an all-inclusive price, or a project-based compensation schedule, or by some other pricing method.

Pricing information and considerations should be provided in a straightforward and concise manner.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

All work shall be guaranteed by the awarded bidder.

Shipping or Freight or Delivery or Handling or Fuel Charges, etc. No shipping, freight, delivery, handling, fuel charges or any other like charges to be paid by users of this Contract.

Bidder/ Contractor must respond accordingly. Payment for these expenses WILL NOT BE PROCESSED under this Contract and the invoice will be held for payment without penalty until a credit is received.

4 OTHER TERMS

4.1 Contractors Terms and Conditions

The Department is not obligated and should not complete, sign or execute any Contractor or vendor Contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract Form and the Commonwealth Terms and Conditions supersede any Contractor or vendor Contracts, invoices or other terms and conditions. If, by chance, any said Contractor or vendor Contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

4.2 Reporting

Contractors are responsible for compliance with all other Contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP), if applicable, and other Contract reports, as required by this Contract.

4.3 Contract Management

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract Manager if the bidder is having trouble obtaining any required attachments electronically through Commbuys. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR. The Department’s Contract Monitor is the Department employee responsible for managing and administering the Contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the Contract. The MSP will designate the Contractor Monitor(s) who will work with the Contractor regarding day-to-day operational matters. The Contract Monitor is the lead Project Manager for the MSP.

Contract Manager: Contract Monitor:

Brian Kearnan To Be Announced (TBA)

(508) 820-2127 Brian.J.Kearnan@pol.state.ma.us

4.4 Change Notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases, additional paperwork will be required to effect the change. Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on Contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be done; therefore, any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.5 Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

• Name and address of Contractor

• Telephone number, fax number, and e-mail contact address o Date of invoice and date of delivery

• Name of Department contact person

• Prompt payment discount terms

• Valid Department of State Police Purchase Order number

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation, and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed, and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Prompt Pay Discounts

Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits

Written credits will be issued to the fiscal office no later than two business days upon request.

Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

Tax Exempt

Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax-Exempt form from the Department. The Department makes no guarantee that any services will be purchased from any Contract resulting from this RFR. The Contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.6 Contract Amendments

The Department reserves the right to amend this Contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the Contract duration if they are consistent with the specifications of this RFR. The Department reserves the right to negotiate and execute Contract amendments with the Contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued Contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, Contract dollars, Contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.7 Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the Contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform Contractual obligations.

4.8 Performance Measures

All work performed through the duration of the Contract must be guaranteed by the Contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each Contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether to extend the Contract. Purchasers may be surveyed as to their satisfaction with the Contractor’s performance under the Contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the Contractor and may lead to early termination or non-renewal of that Contractor’s Contract.

4.9 Insurance

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L.c.258 (which has the same effect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L.c.29,§30 absent specific legislative authorization.

This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own.

The Bidder(s) awarded Contracts pursuant to this RFR must have sufficient insurance coverage and this insurance coverage must be maintained during the life of the Contract. As part of the response to this RFR, Bidders must provide Certificates of Insurance from their insurance company which may include but is not limited to: Commercial General Liability Insurance, Automobile Liability Insurance, Worker’s Compensation Insurance, Employers Liability Insurance, Professional Liability Insurance. Prior to beginning work pursuant to this RFR with a Subcontractor, the Contractor must provide the Department with certified copies of each Subcontractor’s insurance policies, which must meet the same insurance coverage levels for Contractors as required under this RFR. Any policy limits set in this RFR shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Certificates of Insurance Bidders must provide copies of all certificates of insurance with their response. Thereafter, Bidders must provide copies of all certificates of insurance on an annual basis.

4.10 Eliminating Single-Use Plastic Bottles

Pursuant to the requirements of Executive Order 619: Eliminating the Purchase by the Executive Department of Single-Use Plastic Bottles, Contractor will not supply under this contract any beverage in a sealed rigid plastic bottle having a capacity of 21 fluid ounces or less unless no available or practicable alternative that meets the specifications of this contract, or any purchase order made under the contract, exists.

4.11 Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of State Police may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of State Police to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of State Police to the Contractor, the Department of State Police shall have no further obligation to Contractor. The Department of State Police shall not be responsible for Contractors anticipatory profits or overhead costs attributable to unperformed work.

http://www.state.ma.us/legis/laws/mgl/gl-258-toc.htm http://www.state.ma.us/legis/laws/mgl/29-31.htm

4.12 Contract Termination for Cause

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department may terminate a Contract if the Contractor breaches any material term or condition or fails to perform any material obligation required by the Contract

5 EVALUATION CRITERIA

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter negotiations with the Commonwealth to receive a Contract award.

Mandatory requirements Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.”

Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

Desirable specifications Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the Purchaser to be "desirable." The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

Alternatives A Quote which fails to meet any material terms or conditions of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better, or more cost-effective performance than achievable under the stated Bid specifications.

These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

Evaluation Components:

The following criteria will be considered by the SST when evaluating each Quote:

CRITERIA MAXIMUM POINTS

Experience / Contractor Qualifications 50 Pricing/Cost 30 Completeness of response 10 Business References (3) 10 Total Available Points 100

Supplier Diversity Plan (SDP):

Note to Bidders: A Supplier Diversity Plan is required for a large contract defined as greater than $250,000 in annual spend by a department. Moreover, for contracts where this applies, a department is required to evaluate a bidder’s SDP at a minimum weight of 25% of the overall evaluation criteria. However, the Department estimates that this contract will be less than $250,000 in annual value and is therefore a small procurement. As a small procurement, a Supplier Diversity Plan is not mandatory. A Supplier Diversity Plan is not required for Small Procurement RFRs. Therefore, SDP shall not apply to this procurement.

Small Business Purchasing Program (SBPP):

Note to Bidders: The SST has estimated the total contract annual spend to be less than $250,000. Accordingly, the SST will consider award preference to responding SBPP certified small businesses. However, in the determination of the SST, if no certified SBPP participating business meet the “best value” evaluation criteria, the SST may award to non-SBPP participants.

Business References:

Using the attachment provided in COMMBUYS, Bidders must provide three (3) current client references in which similar services have been furnished. The client references must demonstrate the Bidder’s ability to perform a project of similar size, nature and complexity as that described in this RFR. The attachment must be uploaded to COMMBUYS at the same time as the Bidder’s response to this RFR.

The SST reserves the option to contact references. All reference reviews are done in a professional and timely manner to minimize the demands on Bidder reference contacts.

It is the Bidder’s responsibility to ensure that any reference provided in its response be aware that they may be contacted by the MSP regarding the services provided by the Bidder. The SST reserves the option to weight reference checks as a component to the evaluation process. If the MSP is unable to contact references, after making reasonable efforts to do so, it will discontinue efforts.

The MSP is not responsible for “negotiating” a response from a reference provided by a Bidder.

Added Value:

Added Value is determined by the Strategic Sourcing Team (SST). Added Value is discretionary.

Added Value could be anything in the proposal that the bidder includes, that in the view of the SST, is above and beyond the requirements of the RFR, and results in a “best value” to the Department and Commonwealth, which the SST determines to be an additional “plus”, and worthy of additional points. The SST determines the number of added value points, if any, on a case by case by basis.

Best and Final Offer (BAFO):

After the deadline for response submission, the Department reserves the right to extend a Best and Final Offer (“BAFO”) opportunity to all or a select number of bidders. Bidders may be asked to submit additional information specific to program specifications and cost.

The SST, at its discretion, may evaluate the BAFO submission as an addition to the scoring evaluation received by the bidder for its original submission, and may evaluate one or more components of the BAFO at its discretion, or may incorporate an evaluation process based entirely on the BAFO.

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES:

Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 6: HOW TO SUBMIT A PROPOSAL AND QUOTE in COMMBUYS.

The prime point of contact for this solicitation shall be:

Brian J. Kearnan Director of Contract Services

Brian.J.Kearnan@pol.state.ma.us

Bids must be submitted in COMMBUYS by June 18, 2025, by 3:00PM.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

a. Online Questions (Bid Q&A)

Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective Contract manager, if awarded a Contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded Contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

(Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.)

b. Bid Amendment Deadline

The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than

COMMBUYS.

mailto:Brian.J.Kearnan@pol.state.ma.us

c. Quotes (Bid Responses) Deadline (Bid Opening Date/Time)

See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

d. Estimated Contract Start Date

This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

6.1 Required Forms

Responses to this RFR shall contain the following documents:

Check if applicable

(“X”) Form/Document Notes/Instructions (If any)

Commonwealth Terms & Conditions Incorporated by reference on Standard Contract Form

Massachusetts Substitute W-9 Form Wet Ink Signature Required -upon contract award

Standard Contract Form (if awarded contract)

Wet Ink Signature Required-upon contract award

Contractor Authorized Signatory Listing Wet Ink Signature Required -upon contract award

Prompt Payment Discount Form Electronic Submission with bid/quote

Business Reference Form Electronic Submission with bid/quote

(if awarded contract) Authorization for Electronic Funds Transfer (if awarded contract)

Electronic Submission with bid/quote Signature Required -upon contract award

The above attachments are available as attachments as part of the Bid record on

WWW.COMMBUYS.COM.

7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

7.1 General Procurement Information

7.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

7.1.2 Alterations

Bidders may not alter (manually or electronically) the Bid language, or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

7.1.3 Ownership of Submitted Quotes

The SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

7.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete, or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

http://www.mass.gov/legis/laws/mgl/gl-66a-toc.htm

7.2 Terms and Requirements Pertaining to Awarded Contracts

7.2.1 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

7.2.2 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

7.2.3 Publicity

Any Contractor awarded a Contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

8 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

Revision Date: July 10, 2024

In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions. However, the following RFR provisions must appear in all Commonwealth departmental competitive procurements conducted under 801 CMR 21.00.

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions also may be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, all measurements must be provided in feet, inches, and pounds and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

1. COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

• Any amendments, addenda, or modifications to this Bid, and

• Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

2. COMMBUYS Registration. Bidders may elect to register for a free COMMBUYS Seller account which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: 1) they will maintain an active seller account in…